Between THE CITY COUNCIL OF NAIROBI a local authority constituted in accordance with
the local Government Regulations 1963 (hereinafter called "the Council" which expression where
the context so admits shall include its successors and assigns) of the one part and ROBERT
NYAGAKA of Post Office Box Number 49758 Nairobi. ( which name where the context so
permits shall include his personal representatives heirs and assigns) of the other part.
1. The Council will sell and the Tenant/Purchaser will buy free from any
encumbrance ALL THAT leasehold parcel of land situated in the City of Nairobi
in the Nairobi Area of the Republic of Kenya being a portion of Land Reference
Number 34/2 & 34/4 Part and containing by measurement Nought Decimal
Nought One Three (0.013 approx.) of a hectare or thereabouts and marked
Number ed D.105 for the purpose of identification only on the Block Plan
registered in the Registry of Documents at Nairobi in Volume DI Folio 209/78
File DVIII TOGETHER with the detached/semi-detached/terraced dwelling
house and other improvements erected and being thereon (hereinafter called "the
Premises" for the term of Ninety Nine (99) years less the last thereof from the 1st
day of October One thousand Nine Hundred and Seventy - six at an annual
ground rent of Shs.140/= and SUBJECT to the terms and conditions contained in
or implied by the head title to be granted to the Council in respect of the said
parcel of land and to the covenants and conditions hereinafter appearing or
referred to. The exact surface of the said parcel of land has been established by a
Surveyor and is on file at the office the Council and a Deed Plan shall be made
available to the Tenant/Purchaser upon payment in full of the purchase price of
the Premises.
2. The purchase price of the premises shall be Kenya Shillings thirty thousand six
hundred (KShs. 30,600/=) which shall be paid by the Tenant/Purchaser to the
Council as follows:-
a. The sum of Shillings One Thousand five hundred thirty (Shs. 1530/=) by
way of deposit and part payment of the purchase price which shall be paid
on or before the execution of this Agreement (the receipt whereof is
hereby acknowledged by the Council);
PROVIDED THAT
3. Upon payment of all sums of money due under Clause 2 above and all other sums
due under this agreement the Council shall grant to the Tenant/Purchaser and the
Tenant/Purchaser shall accept a lease of the Premises in the form annexed hereto
and thereon marked "A" or to the like effect. The Council reserves unto itself the
right to vary or modify such form as may be required by law.
PROVIDED THAT
3. Upon payment of all sums of money due under Clause 2 above and all other sums
due under this agreement the Council shall grant to the Tenant/Purchaser and the
Tenant/Purchaser shall accept a lease of the Premises in the form annexed hereto
and thereon marked "A" or to the like effect. The Council reserves unto itself the
right to vary or modify such form as may be required by law.
6. The Premises are subject to the exceptions reservations covenants conditions and
stipulations contained or referred to in the form of Lease annexed hereto and the
Tenant/Purchaser shall observe and perform the same and indemnity the Council
against any breach non-observance or non-performance thereof and against all
actions proceedings claims and demands in respect thereof as if said Lease had
already been executed. Further in the case of the one and two roomed premises
the Tenant/Purchaser hereby agrees to erect or construct at his own expense, two
and one additional rooms respectively in accordance with the approved plan for
the whole unit. In particular any development shall be subject to Clause 4 of the
form of Lease marked "A" and annexed hereto.
a. sell or lease the Premises free from the right or interest of the
Tenant/Purchaser therein; or
PROVIDED THAT
ii. if the sum so recovered as aforesaid shall be less than the balance
of the purchase price accrued interest and all other moneys and
costs due as aforesaid such balance shall be forthwith paid by the
Tenant/Purchaser and be recoverable by action.
8. Any action taken by the council under Clause 8 of this Agreement shall be without
prejudice to any right of action or claim the Council may have against the
Tenant/Purchaser arising out of any antecedent breach of any covenant or
condition hereunder.
IN WITNESS WHEREOF the Council has caused its Common Seal to hereunto affixed and the
Tenant/Purchaser has hereunto set his hand the day and year first above written.
The COMMON SEAL of THE CITY COUNCIL OF NAIROBI was hereunto affixed in the
presence of :-
MAYOR
TOWN CLERK
SIGNED by the said
ROBERT NYAGAKA
in the presence of :